Legal Opinion
Berkson v. Schneiderman
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1952PublishedCited by 5 opinions
1Opinion of the Court
Cohn, J. P.
The appeal from the order entered on December 15, 1950, must be dismissed upon the ground that the notice was served long after the time for service thereof had expired. Appellants had thirty days from that date within which to serve their notice of appeal. It was not served until April 19,1951. It has long been settled that in civil cases as well as in criminal cases, a court or judge is not authorized to extend-the time fixed by law within which an appeal may be taken (Civ. Prac. Act, § 99). Nor may the court allow an appeal to be taken after the expiration of such time (Pollak…
2Cases cited4 opinions
- In Re the Estate of WestbergNew York Court of Appeals · 1938
- People Ex Rel. Manhattan Storage & Warehouse Co. v. LillyNew York Court of Appeals · 1949
- Pollak v. Port Morris BankNew York Court of Appeals · 1931
- Morris v. Chemical Bank Trust CompanyNew York Court of Appeals · 1943
3Cited by5 opinions
- People ex rel. Williams v. New York State Addiction Control CommissionDistrict Court, S.D. New York · 1968
- In re the Accounting of KatzNew York Supreme Court · 1962
- In re the Arbitration between Stern Bros. & LivingstonAppellate Division of the Supreme Court of the State of New York · 1956
- Matar v. MortonAppellate Division of the Supreme Court of the State of New York · 1957
- Adrian Park Homes, Inc. v. RussoAppellate Division of the Supreme Court of the State of New York · 1965